Finian McGrath (Dublin North Central, Independent) | Oireachtas source

I am grateful for the opportunity to speak on the Europol Bill 2012. In recent days with the slaughter on our streets and the gangland murders, it is important we all see the European and international dimension to these crimes.

This Bill is an important part of the strategy to tackle crime in Ireland and across the European Union. It is important to point out that this is not about bureaucratic legislation coming through the system, rather it is about the bigger and broader picture. It is also important all our citizens understand the purpose of Europol and aware of its precise workings. Accountability and transparency must be part of our overall justice system. A regular complaint from citizens across the European Union is that they are not informed or updated on what is happening in the European Union. This Bill is important in terms of its setting out the workings of Europol.

The purpose of the Europol Bill 2012 is to take account of changes in the administration of Europol at a European level. Under this legislation Europol, which is the European law enforcement agency, becomes part of the EU institutional framework. Up to now, Europe was, under a Council decision, a separate institution, albeit funded by individual EU member states. Amendment at European level requires amendment to Irish legislation. This Bill is adjudged not to require a regulatory impact analysis given it is necessitated by EU membership. This is the purpose of and background to this legislation.

It is important people understand the workings of Europol. Europol is the European law enforcement agency which assists EU member states in fighting serious international crime, including terrorism, international drug trafficking, money laundering, organised fraud, counterfeiting, human trafficking and cyber-crime. I will deal later with each of these important issues, all of which are relevant in the context of what is going on the streets of our country. It is important to note, as some Deputies appeared to be under this impression, that Europol does not have the powers of a national police force. Also, it can only act on request when two or more member states are involved and where there are factual indications of organised crime. It is also important to point out, as some Deputies were also under this impression, that Europol cannot arrest persons or conduct home searches. Europol facilitates the exchange of information between member states, analyses intelligence and co-ordinates cross-jurisdictional operations. This, essentially, is the day-to-day operation of Europol.

The agency uses its unique information capabilities and the expertise of approximately 700 staff to identify and track the most dangerous criminal and terrorist networks in Europe. Law enforcement authorities in the EU rely on this intelligence and the services of Europol's operations co-ordination centre and secure information networks to carry out approximately 12,000 cross-border investigations each year. There is a great deal of work going on about which many people would not be aware. These investigations have led to the destruction of many criminal networks, the arrest of thousands of dangerous criminals, the recovery of millions of euro in criminal proceeds and the recovery from harm of hundreds of victims, including children, trafficked for exploitation.

Europol also acts as a major centre for expertise in key fields of law enforcement activity and as a European centre for strategic intelligence and organised crime. Its organised crime threat assessment is a product for EU policymakers, chiefs and police. Europol also enjoys excellent co-operation with law enforcement partners in Europe and beyond. It values its accountability arrangements and data protection regime, which are among the most robust and transparent in the world. This is important as data protection is a key issue. I welcome the public interest in this positive work.

Europol is funded by contributions from member states. Europol's 2010 budget was approximately €92.8 million. As I stated earlier, there are approximately 700 staff in Europol's headquarters in The Hague, including 129 Europol liaison officers. I will also deal later with these particular issues. Given the amount of work being done, we are getting a great deal of value for money.

It is important to set out the history of Europol. Agreement on the establishment of Europol was first mooted in 1992 in Article K.1(9) of the Maastricht treaty, to ensure police co-operation between member states to combat terrorism, drug trafficking and other international crimes. Explicit reference was made in the treaty to a European police office, Europol. It is important Irish and European citizens are aware of and understand this. It is also important that the political context of Europol is understood by Members of this House and the broader public. I will deal later with concerns around this in terms of integration by stealth rather than honest and up-front information in this regard. In my opinion, we are getting value for money in terms of the excellent work being done by Europol with its €92.8 million budget. I am a Member of the Oireachtas Joint Committee on Justice, Defence and Equality, which deals regularly with this issue. Given the amount of effort, lives saved and organised crimes dealt with Europol has been very effective.

Another issue which comes within the remit of Europol, which is a major issue in this country at present, is that of drugs and the consequences in this regard. In recent days, a man was murdered at his home having taken his children to school. These types of incidents are no longer a one-day wonder. I know that the Minister is concerned about this and we cannot allow it to continue. One often privately hears comments to the effect that it is okay because these criminals are only killing each other. However, we cannot wait for innocent bystanders to be shot. Innocent people from my constituency who were outside The Players Lounge having a cigarette were shot by a particular gang. This type of crime is unacceptable regardless of who is involved. There is a need for more protection of our citizens. I acknowledge this is a complex issue and that dealing with organised crime and drug gangs is difficult. Only this morning there was a massive operation in my constituency in relation to bombs, guns and drugs.

There is a strong link between gangland crime and Europol. Many of these gangs are intimidating communities. Many people will not come out of their flat complexes at night time and people with vital information will not bring it to the attention of the Garda because they know if they do their homes will be burned down. I have met many mothers and fathers in my clinics who are up every night of the week worrying about their sons and daughters getting sucked into these gangs. Many young people who are on the fringes of these gangs and involved in petty crime locally are often forced to do favours for them, which they are told if they do not do they will be shot. These threats are often carried out. Petty criminals who might owe someone €100 or €200 are also being told that if they do not carry drugs from one area to another they will be shot. There is widespread intimidation going on underneath the radar. We hear about the shootings and murders but we do not hear of the many families who will not go outside their doors at night.

We need to focus on this issue. I am not in this regard having a go at Government. It is the responsibility of all of us to address this issue. We must be united on it, otherwise our country will be destroyed by these people.

We must also face up to those who are feeding this market. Drugs do not sell where there is no market. I ask those who take drugs to think about the major problems they cause. I welcome Europol's involvement in this as a positive development because the world is very small and many of those leading and involved in gangs can nip across to other parts of the European Union to hide out or disappear, and killings related to Ireland have occurred in Spain. We need to tackle this issue in a professional way and we will not be able to do so nationally because it has an international dimension, part of which is the debate on this legislation on Europol.

Another issue which, as far as I am concerned, has not been highlighted enough is organised fraud and white collar crime. We concentrate on the crimes of the poor, weak and marginalised sections of Irish society but white collar crime should be tackled. I feel very strongly that this issue should be covered. Financial crimes have been committed here and throughout the European Union. We need expertise at national and European level and a team within Europol has this expertise. This issue cannot be fudged by any government or state throughout the European Union because we cannot have one set of standards for the dysfunctional, weak or marginalised sections of society which are involved in crime and another for a different rung of society with loads of money who rip off the state, taxpayers and small businesses and get away with it because it is not seen as serious crime. We should have consistency and strong sentences should be given for these offences. I emphasise that at all times there should be justice.

Europol deals with terrorism and political violence, and this is also important because the world is a small place. We must also ensure that a state should never be involved in violence or intimidation. A state should never sanction murder or be involved in such issues. Otherwise, it will lose the moral ground and the respect of its citizens. At all times when fighting crime nationally or internationally, the state should have the high moral ground when carrying out its functions. At times states have not acted from the position of the high moral ground and I will return to this point.

Europol also concentrates on human trafficking and cyber-crime and bullying. These are issues about which we must be very vigilant. Many young people are bullied, and many children who are the victims of human trafficking are exploited and sexually abused throughout the European Union and this is not acceptable. Europol has played a very important role in dealing with this.

To return to the issue of organised crime, it is not a couple of gangs on the north side of Dublin or Limerick in a vacuum. Organised criminals are in a network supported by people who do not break the law, such as those in the legal profession or business professionals. How they survive and exist are fundamental questions because individuals in other sections of society support them. This must be highlighted.

If this legislation on Europol is part of a bigger picture, the Irish people should be told straight. The Government should not pull stunts or introduce measures through the back door whereby all of a sudden in ten years people discover we have a European police force throughout the European Union. Is this part of a broader debate on European integration? Perhaps this would have benefits and I have an open mind on it. I have great respect for the Garda Síochána from whom we must always have good practice and good public service. If a political game is being played, I ask the Minister to be straight with the people and tell them the plans so they understand the issue.

On digging further into the legislation, one sees the functions of the national unit are laid out in section 5. According to section 5(2), a national unit may refuse a request for information where to provide such would prejudice the security or other essential interests of the state, prejudice a criminal investigation or criminal proceedings in the state or jeopardise the safety of a person. On the face of this, my instinct would be to say it is fair enough because one has to watch one's back and every state must protect its services. However, it has a downside and I ask the Minister to deal with this in his response. Does this mean a state can decide it is in its essential interests to pull back from providing information on something the state or one of its citizens did which was wrong?

The Dublin-Monaghan bombings come to mind. The files are being held in London and there has been a huge outcry with regard to the role of certain people in it. I sat on an inquiry conducted by a sub-committee of the Oireachtas Joint Committee on Justice, Equality, Defence and Women's Rights and serious questions have arisen for the security forces North and South and across the water. There is no co-operation with regard to the files and the British Government refuses to hand them over. It would probably state it is in its national interest not to hand over the files but is this an excuse to fudge something which is very important? We are in the middle of a peace process which has been ongoing for the past ten years. In fairness to Prime Minister David Cameron, he put up his hands over Bloody Sunday. To be fair to people on all sides of the conflict, we must have a peace, truth and reconciliation forum where people will have an opportunity to put up their hands. Terrible things were done by those on all sides of the conflict. Will section 5(2) provide cover for governments which do not want to make decisions which would damage them politically? With regard to the murder of Pat Finucane, the Finucane family has major concerns about the role of security services in the assassination of their father and husband. Is this part of the agenda? I am asking these questions because I do not know the answers. It is important that these questions are raised.

Section 6 deals with liaison officers, who will play a key role. Under section 6(1), the Garda Commissioner will be required to send one or more members of the national unit as a liaison officer to Europol and section 6(2) will require the Garda Commissioner to consult the Minister or other persons as appropriate where the member of the national unit to be sent as liaison officer is a person other than a member of the Garda Síochána. As liaison officers will have a key role, it is important that they are of the right calibre. As people in my constituency say, they would prefer one good Garda sergeant who speaks to people than 100 gardaí flying around in squad cars. A good garda on the beat or a good sergeant in a village or town can prevent 60% of crime getting out of hand. If we pick the cream of the crop as liaison officers, we will prevent much crime.

Section 8 deals with the provision of data to the Europol information system, which is used to store personal information about people suspected of or convicted for committing a crime for which Europol has competence or where reasonable grounds exist to believe the person will commit such an offence.

Again, this is an important issue in respect of data protection. Section 9 goes into further detail about data for purposes other than those under section 8 and concerns the input of personal data in the Europol information system. The explanatory memorandum to the Bill states:

Where the data is transferred for another purpose such as analysis work files, the national unit shall determine the conditions for the handling of the data transmitted, including the dissemination and use of such data (subsection (1)). The prior consent of the national unit shall be required before any use or dissemination of the data by another party may take place (subsection (2)).

This is an important provision and I welcome section 9.

It is also important that the prior consent of the national unit shall be required because there is a human rights dimension to section 9. I am not trying to be awkward in raising this issue. I am trying to solve issues and support sensible policies, but I am also trying to highlight the importance of respect for our citizens across Europe and for human rights. In section 9, determining the personal data issue relating to the prior consent of the national unit is very important. I do not know if it is still ongoing but we have had a debate about what is going on Shannon Airport in respect of the role of the US in Iraq, the Middle East and Afghanistan, and there has always been a quiet, keep this under cover, so to speak, air about this. People on the Government side look up to heaven any time we raise the matter. If something is going on at Shannon Airport, people should know about it. Are there cases of rendition at play here? These are human rights issues that should be raised. It is important we do not duck or fudge these issues. When I regularly criticise US foreign policy, it does not mean I am critical of US citizens. It is the foreign policy I disagree with. That is the point I making about issues like rendition. Friends of the US who do not tell it when it is going wrong are doing the US no favours. This business of ducking and diving for economic and investment reasons does not work. One should always be straight with friends, neighbours and people with whom one works very closely.

The information gathered by Europol includes date of birth, name, nationality, sex, whereabouts and driving licence, among other things. It also collects information on a criminal offence or alleged offence; time, place and method of such an offence; the means used or that might be used to commit a criminal offence; suspected membership of a criminal organisation; convictions for criminal offences; and the designated competent authority for investigating such offences. We should be using information on suspected membership of a criminal organisation more regularly in respect of recent events because too many people are being shot on our streets in connection with drugs or gangland issues.

The national unit is obliged to carry out the functions relating to information held by Europol, but Ireland does not have to provide information to Europol when it is felt that it is likely to prejudice national security. It is important that every state has its own independence and authority. As I highlighted in respect of the Dublin-Monaghan bombings or the Pat Finucane case, however, states should never be allowed to cover up issues. States also have a duty to protect their citizens, regardless of what one might think of some of those citizens. We know that many citizens go to other countries and get involved in organised crime. Some of these so-called Irish citizens let the country down and gave Ireland a bad name. We should not be afraid to say that and stand up for people because it is not acceptable for them to behave like that.

A number of Deputies mentioned Operation Shovel, which focused on an Irish-based gang involved in drugs and weapons trafficking. This was a very successful operation and Europol helped detect the group's criminal proceeds and identify people associated with the group. The group's main activities moved to Spain in 2010. In May 2010, a large operation across Ireland, the UK and Spain was launched. Europol assisted with the production of several analysis reports and deployed mobile offices, or so-called virtual operational rooms, in the three countries for the immediate and secure exchange of intelligence. More than 700 investigators were involved, there were multiple house searches and a total of 38 arrests were made. That was one example of how the system dealt with Irish-based organised crime that moved to the UK and Spain.

I welcome this very important debate on Europol. The different sections contain many ideas and proposals, which I raised in this debate. The Minister is back in business and I wish him well from a health point of view. We can talk about Europol, sections and amendments but I urge the Minister to examine this issue seriously in the next 48 hours and deal very strongly with the Garda Commissioner in respect of what has gone on over recent days. It is not acceptable that people, regardless of who they are or whether they are in a gang, are shooting each other in the streets. I predict that the next big development in the next week or two, and I do not like doing so, is that an innocent person who is not involved in gangs will be affected or a bomb will go off in a back garden and someone will get his or her fingers blown off. That is what I am concerned about. We need to focus. We all have problems. There are priorities within the Garda Síochána every day but one must send out a strong message to the weakest and poorest sections in society who will not open their mouths. They come to Deputies' clinics and tell us privately about how their street is being intimidated. They cannot even go near the Garda station in parts of my constituency. They tell me and ask me to do it. This undercover, under the radar violence is going on throughout the State and is not being faced up to by the establishment. We need to wake up to this and take it very seriously. Otherwise having debates in the Dáil about Europol will not make any impact. I wish the Minister well in dealing with these issues. This Bill deals with Ireland and Europe but the bottom line is that it is about people in this State who need our protection and support.

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